EPA v. FRESH EXPRESS (FRESH EXPRESS HARRISBURG)

Case summary

ON OCTOBER 7, 2015, EPA INSPECTORS CONDUCTED AN INSPECTION OF THE FRESH EXPRESS HARRISBURG TO DETERMINE COMPLIANCE WITH THE RISK MANAGEMENT PLAN (RMP) REGULATIONS. ANHYDROUS AMMONIA IS THE ONLY RMP REGULATED SUBSTANCE PRESENT AT THIS FACILITY AND IS UTILIZED AS THE PRIMARY COOLING FOR THEIR REFRIGERATION SYSTEM. THE SYSTEM'S PURPOSE IS TO PROVIDE REFRIGERATION FOR THE PROCESS, COLD STORAGE AND DISTRIBUTION OPERATIONS. EPA FOUND THAT THE RESPONDENT HAD VIOLATED REGULATIONS BY NOT PROTECTING EVAPORATORS FROM FORKLIFT IMPACTS IN ACCORDANCE WITH INDUSTRY STANDARDS SHOWING A RECOGNIZE AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICE [68.65(d)(2)]. THE PENALTY WAS DETERMINED TO BE $1,500.

Defendants (1)

• FRESH EXPRESSNamed in complaintNamed in settlement

Facilities (2)

• FRESH EXPRESS HARRISBURG

  7505 GRAYSON ROAD, HARRISBURG, PA, 17111

  Registry ID: 110000539016

• FRESH EXPRESS HARRISBURG

  7505 GRAYSON ROAD, HARRISBURG, PA, 17111

  Registry ID: 110000539016

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• FRESH EXPRESS (FRESH EXPRESS HARRISBURG)entered 2016-05-13

  Primary law: CAA

  Federal penalty: $1,500

Timeline (3 milestones)

• 2016-05-13Final Order Issued
• 2016-05-13Complaint Filed/Proposed Order
• 2016-06-07Enforcement Action Data Entered